M'Kechnie v. M'Kechnie's Trustees [1907] ScotLR 38 (30 October 1907)

M'Kechnie v. M'Kechnie's Trustees [1907] ScotLR 38 (30 October 1907)

The relationship between the testator and Miss White was not fiduciary or one of trust and confidence as required for undue influence; no evidence of facility or circumvention was established; the pursuer failed to prove any case entitling him to reduction of either the will or codicil.

Citation
[1907] ScotLR 38
Parties
Pursuer: George Turnbull M'Kechnie; Defender: Miss Jemima White (otherwise known as Mrs M'Kechnie); Defenders: John M'Kechnie's Trustees
Jurisdiction
Scotland
Judgment Date
30 October 1907
Procedural Posture
Action of Reduction / Inner House, Second Division, Reclaiming Note Against Lord Ordinary's Interlocutor
Outcome
Appeal allowed; interlocutor of Lord Ardwall recalled; defenders assoilzied from conclusions of the summons; pursuer found liable in expenses.
Legal Topics
Reduction of Testamentary Deeds, Undue Influence, Facility and Circumvention, Confidential Relationships
Succession Wills and Probate Reduction of Testamentary Deeds Undue Influence Facility and Circumvention Confidential Relationships

Case Brief

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Parties

George Turnbull M'Kechnie

Pursuer

Miss Jemima White (otherwise known as Mrs M'Kechnie)

Defender

John M'Kechnie's Trustees

Defenders

Procedural Posture

Action of Reduction / Inner House, Second Division, Reclaiming Note Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the will and codicil of John M'Kechnie were impetrated by undue influence or facility and circumvention
  2. 2 Whether the relationship between testator and paramour constitutes a confidential relationship for purposes of undue influence
  3. 3 Whether the pursuer had title and interest to reduce the codicil

Ratio Decidendi

The relationship between the testator and Miss White was not fiduciary or one of trust and confidence as required for undue influence; no evidence of facility or circumvention was established; the pursuer failed to prove any case entitling him to reduction of either the will or codicil.

Court Disposition

Appeal allowed; interlocutor of Lord Ardwall recalled; defenders assoilzied from conclusions of the summons; pursuer found liable in expenses.

Orders

  • Recall Lord Ardwall's interlocutor dated 2nd February 1907
  • Assoilzie the whole defenders from the conclusions of the summons